matrimonial law and law of succession in Switzerland

Your reliable partner for matrimonial law and law of succession – expertise based on many years of experience

Our experts provide comprehensive advice on the legally secure structuring of your personal and financial circumstances in marriage, civil partnership and family constellations. Benefit from individual advice and decades of experience in matrimonial law and  law of succession. Our clients appreciate not only the support in choosing the appropriate legal structure, but also in taking into account the interests of their children and grandchildren. Benefit from individual advice and decades of experience in matrimonial and inheritance law. Our clients appreciate not only our support in choosing the appropriate legal structure, but also in considering the tax implications. This ensures that your wishes are implemented in the best possible way, not only legally but also fiscally. Even if you want to relieve your surviving dependants or ensure that your estate is actually managed and divided according to your wishes, you can count on Balmer-Etienne as your executor.

What is a marriage contract and why is it useful? 

In Switzerland, a marriage contract allows you to individually determine how your assets and debts will be divided in the event of divorce or the death of a spouse. A marriage contract provides clarity for your private and business situation and can also offer emotional security. Without a marriage contract, the statutory matrimonial property regime – the participation in acquired property – automatically applies. A marriage contract allows you to deviate from this and take your own needs into account.  

What matrimonial property regimes exist in Switzerland?

Under Swiss law, married couples can choose between three matrimonial property regimes:

• Participation in acquired property (legal standard)
• Community of property
• Separation of property

Depending on your life situation (e.g. entrepreneur, property owner, blended family), an individual arrangement may be advisable – for example, to exclude a business from the division of property or to protect specific assets.

What is an contract of succession and what advantages does it offer?

A contract of succession allows you to arrange with other parties how your estate will be distributed. Especially in blended families or for unmarried couples, an inheritance contract offers the opportunity to implement individual wishes and create security. This allows children from different relationships to be taken into account or partners to be mutually secured. Compulsory portions and legal requirements must be observed. A so-called inheritance waiver agreement can also be used to stipulate that, in the event of the first spouse's death, the children waive their inheritance rights in favour of the survivor. 

How do I draw up an effective testament in Switzerland?

A testament allows you to decide who will inherit your assets. Here, too, it is important to observe the statutory compulsory portion requirements. A testament must meet certain formal requirements in order to be valid. We provide personal advice and ensure that your last will and testament is implemented in a legally secure manner.  

What do blended families and cohabiting couples need to consider in terms of the Law of succession?

There is no standard solution for blended families – every situation is unique. A disposition of property upon death (contract of succession or testament) can help to establish individual rules for all parties involved.

Cohabitation is a marriage-like relationship between two people who are not married. From a legal perspective, cohabiting couples have no legal right to inheritance. Furthermore, cohabiting couples have no mutual right to information and disclosure vis-à-vis officials and professionals bound by professional secrecy (e.g. doctors).  

Cohabiting couples can appoint each other as heirs – via a will or inheritance contract. However, financial security must be carefully considered and the compulsory portions of the children must be taken into account.  

What are the implications of gifts made during your lifetime? 

Gifts made during your lifetime can impact your future estate distribution. Significant gifts should therefore be reviewed and properly arranged in advance to address any potential succession law implications.

What can I arrange with a lasting power of attorney?

With a lasting power of attorney, you appoint a person to take care of your personal, financial and legal affairs if you become incapable of making decisions. This includes decisions about your care, the management of your assets or representation vis-à-vis authorities and banks. We support you in drawing up your lasting power of attorney in a legally secure and individual manner. 

What is the purpose of a living will?

A living will allows you to specify in advance which medical treatments you would like or would refuse in the event that you become incapable of making decisions for yourself. Typical topics include provisions regarding pain management, life-prolonging measures, artificial nutrition, and wishes regarding end-of-life care and organ donation. You can also appoint a trusted person to make decisions on your behalf. This allows you to retain your self-determination – even if you are no longer responsive – while relieving your relatives of difficult decisions. We would be happy to advise you personally to ensure that your living will is formally valid and can be found at any time. 

Balmer-Etienne services in matrimonial law and law of succession
 

• Comprehensive consulting on matrimonial property law and law of succession
• Compilation of cohabitation agreements, marital agreements, contracts of succession, and wills
• Advice on estate distribution as well as review and structuring of gifts and asset transfers during your lifetime
• Support in care directives, advance directives, and living wills
• Execution of wills, heir representation, and succession administration